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HomeMy WebLinkAboutPR 24620: CONTRACTS WITH THE MOST QUALIFIED EMBERGENCY MEDICAL SERVICES (EMS) PROVIDER(S) INDENTIFIED THROUGH THE CITY'S RFQ PROCESS City of cc---.....r.—rt rthu � Texas viiiiINTEROFFICE MEMORANDUM Date: October 27, 2025 To: The Honorable Mayor and City Council From: Antonio O. Mitchell,MPA, Interim Deputy Fire Chief RE: Authorization for the City Manager to Negotiate a Contract, or Contracts with the Most Qualified Emergency Medical Services(EMS)Provider(s)Identified Through the City's RFQ Process I. Purpose The purpose of this item is to seek City Council authorization for the City Manager to negotiate and execute a contract, or contracts, with the most qualified Emergency Medical Services (EMS) identified through the City's recent Request for Qualifications (RFQ) process. This provider(s) g Y q authorization is critical to ensure the timely execution of a new EMS contract or contracts prior to the expiration of the City's current agreement on November 30, 2025, and to maintain uninterrupted emergency medical and ambulance services for the citizens and visitors of Port Arthur. II. Background The City of Port Arthur's current EMS services contract is set to expire on November 30, 2025. To ensure a smooth transition and continuity of operations, the Port Arthur Fire Department, in coordination with the Purchasing Division, issued an RFQ seeking qualified EMS providers to deliver comprehensive emergency medical and ambulance services within the City. The RFQ process yielded three (3) responses from experienced EMS providers (listed in alphabetical order): • Acadian Ambulance Services of Beaumont, Texas • Allegiance Mobile Health of Corpus Christi, Texas • City Ambulance of Spring, Texas Each response was reviewed and evaluated based on qualifications, operational capacity, service coverage, regulatory compliance, and adherence to the performance standards outlined in the RFQ. Due to the essential nature of emergency medical services and the rapidly approaching contract expiration date, a timely decision is required to facilitate the necessary transition planning, licensing updates, and operational coordination between the outgoing and incoming provider(s). III. Discussion "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 * FAX 409/982-6743 The Fire Department emphasizes that its recommendation is flexible and fully supports the Council's decision to select either one or multiple EMS providers,provided that: • The selected provider(s)meets all local, state, and federal regulatory requirements; • The proposed service structure ensures comprehensive coverage across the City; and 1 expectations • The contractual terms alignwith theperformance and operational e p p established in the RFQ. The City Council's expeditious approval of this authorization will allow staff to proceed with final contract negotiations immediately following the Council's selection, ensuring a seamless transition and uninterrupted service delivery beyond November 30, 2025. IV. Fiscal Impact The fiscal impact of this action will be determined based on the final negotiated contract(s) and brought back to Council, if necessary, for budgetary adjustments or ratification. The proposed contract structure maintains a revenue-neutral contract for the City, and a revenue-generating model for the provider. By primarily relying on the selected provider's direct billing of patients and/or third-party payers for services rendered. This operational and financial arrangement ensures that mandated EMS services continue without requiring the allocation of City tax revenues or public funds to the provider's operating costs or capital expenses. V. Recommendation The Port Arthur Fire Department respectfully recommends that the City Council authorize the City Manager to negotiate a contract, or contracts, with the most qualified EMS provider(s) identified through the RFQ process, as selected and approved by the City Council. Expedient approval of this recommendation is necessary to ensure a smooth transition and maintain uninterrupted service beyond the November 30, 2025, deadline. "Remember we are here to serve the Citizens of Port Arthur" P. O. BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743 PR 24620 TN R 10/27/2025 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, OR CONTRACTS, WITH THE MOST QUALIFIED EMERGENCY MEDICAL SERVICES (EMS) PROVIDER(S) IDENTIFIED THROUGH THE CITY'S REQUEST FOR QUALIFICATIONS (RFQ) PROCESS, TO ENSURE CONTINUED PROVISION OF EMERGENCY MEDICAL AND AMBULANCE SERVICES UPON EXPIRATION OF THE CURRENT AGREEMENT ON NOVEMBER 30, 2025. WHEREAS, the City of Port Arthur's existing contract for Emergency Medical Services (EMS) is set to expire on November 30, 2025; and WHEREAS, the Port Arthur Fire Department, in coordination with the City's Purchasing Division, issued a Request for Qualifications (RFQ) seeking proposals from qualified EMS providers to ensure a seamless transition and continuity of critical life-safety services, See Exhibit "A"; and WHEREAS, the City received multiple responses to the RFQ, which have been evaluated to determine the most qualified provider(s) capable of meeting the City's operational, regulatory, and performance requirements; and WHEREAS, the uninterrupted delivery of emergency medical and ambulance services is essential to the health, safety, and welfare of the citizens and visitors of the City of Port Arthur; and WHEREAS,time is of the essence to finalize the selection of an EMS provider or multiple EMS providers and to authorize the negotiation and execution of a new contract to prevent any lapse in service upon the expiration of the current agreement; and WHEREAS, the Port Arthur Fire Department supports the City Council's decision to select either one (1) or multiple EMS providers to fulfill the City's needs, provided the structure selected ensures comprehensive coverage, regulatory compliance, and adherence to the performance metrics established in the RFQ. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the City Council hereby authorizes the City Manager to negotiate a contract, or contracts, with [insert name(s) of EMS provider(s) selected by City Council] for the provision of emergency medical and ambulance services effective December 1, 2025. PR 24620 TNR 10/27/2025 Section 2.That the City Council acknowledges the critical nature of ensuring uninterrupted EMS service delivery and deems this authorization necessary to protect public health and safety. Section 3. That the City Council hereby authorizes the City Manager to prepare for execution a contract, or contracts, with the most qualified Emergency Medical Services (EMS) provider(s) identified through the City's RFQ process, for the November 18, 2025, City Council meeting. Section 4. That this Resolution shall take effect immediately upon its passage. READ, ADOPTED AND APPROVED THIS day of , A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: (Mayor) • Councilmembers: • ; ; NOES: • CITY OF PORT ATHUR: Charlotte M. Moses, Mayor PR 24620 TN R 10/27/2025 ATTEST: APPROVED A Sherri Bellard, Roxann Pais Cotroneo, City Secretary City Attorney APPROV O ADMINISTRATION: -4,7(10/(- Ronald Burto , Antonio O. Mitchell, MPA City Man r Interim Deputy Fire Chief L4Y- Ccu.k,k Clifton E. Williams, Jr., Purchasing Manager PR 24620 TN R 10/27/2025 EXHIBIT "A" E = 6 7 / ; c 8m = 92 2 = K } / \ - 2r 5 so} ] go k \ \/ § \ \] ƒ 2 - § ( 0 2 \ § 0 / E ® % « B. � � ( _ . \i / ( \ k •m 5 o ( § 2 \'0 § .e a ƒ a § ° � E@ % ; • \ � E % § \ E \/ \ ] e / § 2 Mgr ° awe k / \ \ i - \' ƒ / / k \ ( e \ ` a / -4 g @ t & t & t j 0. . .� ts z J N, 2 § » 2 t A . t ' 0 \ a \ __ N / \ , © 4 z , 2oD » z 2 « & ) / ~k •• § §' / 7 [ 0 § ' LA c 1. $ 4 % t ± & 2 H » Ca / ( \ "I X ..r-. / g > /k Co 2 — % m # > > $ / ƒ / / / \ E « / . 47) / `C =• 0 % \ • § 1 / Ii1p ( A:\.4 \ / \ W r Q 2 � I | CHARLOTTE M.MOSES,MAYOR —**1 RONALD BURTON,CPM HAROLD L.DOUCET,SR., City of CITY MANAGER MAYOR PRO TEM CCCC���JJ SHERRI BELLARD,TRMC COUNCIL MEMBERS: — ..�—�— CITY SECRETARY WILLIE BAE LEWIS,JR. o r t r t h u r TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM (c i`fS• CITY ATTORNEY THOMAS KINLAW,HI DONALD FRANK,SR. JULY 16, 2025 REQUEST FOR QUALIFICATIONS AMBULANCE SERVICE FOR THE CITY OF PORT ARTHUR DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,Central Standard Time, Wednesday, August 13, 2025. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, August 13, 2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P25-071 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies and USB of your RFO to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Oualifications and Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams,Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting qualifications for the enclosed referenced services for the City of Port Arthur. Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL QUALIFICATIONS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFQ submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 21 REQUESTS FOR QUALIFICATIONS AMBULANCE SERVICE FOR THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 21 Table of Content I. Introduction II. Scope of Work • Medical Intensive Care Unit(MICU) and Advanced Life Support(ALS) Capabilities • Transport Units • Operational Capacity • Compliance with City of Port Arthur Ordinances • Compliance with Department of Health and Human Services (DSHS)EMS Protocols • 24/7/365 Availability • Response Time Standards • Medical Direction • Reporting and Data Collection • Billing and Collections • Area of Operations III. Experience, Qualifications, and Requirements IV. Submission Requirements • Cover Letter • Company Profile • Operational Plan • Compliance Documentation • Qualifications and Availability of Personnel • Quality assurance and Improvement Program • Financial Proposal • References • Any additional information V. Evaluation Criteria VI. Contact Information Page 4 of 21 1.Introduction The City of Port Arthur Fire Department (PAFD) is soliciting quotations from qualified and experienced Emergency Medical Services (EMS) providers to deliver comprehensive 911 emergency medical response and transport services within the City of Port Arthur.The PAFD is seeking a partnership with an EMS provider committed to delivering high-quality, efficient, and compassionate patient care that meets the specific needs of our community and adheres to all applicable regulations and protocols. 2. Scope of Work(15 PTS) The selected EMS provider shall be responsible for providing the following services: • Medical Intensive Care Unit (MICU) and Advanced Life Support (ALS) Capabilities: The provider must demonstrate the capability to deliver MICU and ALS level care on all responding units, equipped with all necessary personnel, medications, and equipment as defined by the Texas Department of State Health Services (DSHS) EMS rules and regulations. • Transport Units: The provider must supply and maintain a fleet of transport-capable EMS units. • Operational Capacity: The provider must be capable of consistently fielding a minimum of four(4) fully staffed and operational EMS units for 911 emergency calls within the City of Port Arthur's jurisdiction at all times. Through this Request for Qualifications (RFQ), the City of Port Arthur reserves the right to award contracts to two (2)EMS Providers. Should the City of Port Arthur award contracts to two (2) EMS Providers, the city will be divided into two distinct response districts: the North District and the South District. The North District will encompass all incident responses occurring on Highway 73 and all areas north of it within the Port Arthur city limits. This includes the Entergy Power Plant, which is located on Powerhouse Road in Orange County. The South District will cover all incident responses south of Highway 73, including the annexed area of Sabine Pass. • Compliance with City of Port Arthur Ordinances: Compliance with Department of Health and Human Services (DSHS)EMS Protocols: (15 PTS) PART II - CODE OF ORDINANCES Chapter 114 - VEHICLES FOR HIRE ARTICLE II. EMERGENCY MEDICAL VEHICLE. The provider must strictly adhere to all relevant City of Port Arthur ordinances pertaining to EMS services and the before mention section, and including but not limited to, licensing, operational standards, response times, and personnel qualifications. Proposers are responsible for familiarizing themselves with these ordinances. Compliance with Department of Health and Human Services (DSHS) EMS Protocols: All EMS operations, patient care, and documentation must be in strict compliance with the latest protocols, guidelines, and standards set forth by the Texas Department of State Health Services(DSHS)EMS.This includes medical direction, continuing education, and quality assurance programs. • 24/7/365 Availability: Services must be available 24 hours a day, 7 days a week, 365 days a year, including holidays. • Response Time Standards: Proposers must outline their proposed response time standards for various call types and demonstrate their ability to consistently meet these standards within the City of Port Arthur. • Medical Direction: The provider must have a board-certified Medical Director with an active Texas medical license,responsible for the oversight of all medical protocols, quality assurance,and training. • Reporting and Data Collection: The provider shall be capable of providing comprehensive data and reporting as requested by the City of Port Arthur Fire Department, including but not limited to call volumes, response times, patient outcomes, and quality improvement metrics. Must also meet all Page 5 of 21 reporting requirements in city ordinance: PART II - CODE OF ORDINANCES Chapter 114 - VEHICLES FOR HIRE ARTICLE II. EMERGENCY MEDICAL VEHICLE. • Billing and Collections: Proposers should clearly outline their billing and collection procedures for EMS services,including any proposed rates or fee structures.Any changes shall be reported in writing to the City Secretary Office. 3.Experience,Qualifications,and Requirements(15 PTS) Interested EMS providers must meet the following minimum qualifications and submit documentation demonstrating compliance: • Hold a current and valid EMS provider license from the Texas Department of State Health Services (DSHS) at the appropriate level(e.g., EMS Provider-Ambulance Service). • Possess all necessary local, state, and federal licenses, permits, and certifications required to operate an EMS service in the City of Port Arthur, Texas or be able to obtain this documentation. • Demonstrate a proven track record of providing high-quality, reliable EMS services, preferably in a municipal setting. • Have a comprehensive quality assurance and improvement program in place. • Possess adequate insurance coverage, including but not limited to general liability, professional liability, and automobile liability, in amounts deemed acceptable by the City of Port Arthur. • Provide a list of qualified and certified personnel (Paramedics, EMT-Advanced, EMTs) sufficient to staff the required units, along with their certifications and licensure. • Submit a detailed fleet inventory, including the make, model, year, and equipment of all proposed EMS units. • Provide a financial statement demonstrating the provider's financial stability and ability to sustain operations. 4. Submission Requirements Each quotation must include the following information and documentation, organized in a clear and concise manner: • Cover Letter: A brief letter introducing your company and expressing your interest in this RFQ. • Company Profile: o Legal Name and Address of Company o Primary Contact Person(Name, Title, Phone, Email) o Years in Business o Overview of EMS experience and services provided • Operational Plan: (15 PTS) o Detailed description of how the provider will meet the "Scope of Work"outlined in Section 2, specifically addressing the MICU/ALS capabilities, 4-unit staffing, and compliance with all regulations. Page 6 of 21 o Proposed staffing model, including minimum staffing levels per unit and overall personnel plan. o Proposed response time standards and a plan for achieving them. o Description of dispatching capabilities and coordination with 911 call centers. o Fleet maintenance and replacement plan. o Quality assurance and improvement program details. o Medical direction plan, including the Medical Director's credentials and oversight responsibilities. • Compliance Documentation: o Copy of current Texas DSHS EMS Provider license. o Proof of adequate insurance coverage (Certificates of Insurance). o Confirmation of understanding and ability to comply with all City of Port Arthur ordinances pertaining to EMS services. o Confirmation of understanding and ability to comply with all Texas DSHS EMS protocols. • Qualifications and Availability of Person: (15 PTS) o Summary of personnel qualifications, including number of Paramedics, EMT-Advanced, and EMTs. o Outline of continuing education and training programs for personnel. • Financial Proposal: (10 PTS) o Detailed cost proposal outlining all fees, charges, and any proposed billing structures for services. o Proof of financial stability(e.g., recent audited financial statements or equivalent). • Quality Assurance and Improvement Program: (10 PTS) o Continuous Clinical Efficacy Monitoring: A robust system for ongoing evaluation of patient care outcomes, adherence to established medical protocols, and compliance with all relevant clinical guidelines to ensure the highest standards of pre-hospital treatment and patient safety. o Operational Performance and Safety Optimization: Have in place a comprehensive metrics for assessing operational efficiency, including response times, fleet readiness, equipment functionality,and crew safety. This includes regular audits and root cause analysis of incidents to drive systemic improvements. • References: (5 PTS) Provide at least three(3)professional references from current or past clients for whom similar EMS services have been provided. Include contact names, titles, organizations, and phone numbers. • Any additional information the proposer believes is relevant to demonstrating their qualifications and capabilities. Page 7 of 21 5. Evaluation Criteria The City of Port Arthur requires comprehensive responses to every section within this RFQ. To facilitate the review of the responses, Firms shall follow the described qualification format. The intent of the qualification format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFQ are addressed in a uniform manner amenable to review and evaluation. It is requested that qualification packets be limited to no more than 50 pages. excluding resumes. All applications will be screened by an evaluation committee and those applicants selected for a short list may be invited to attend an interview, at the applicants own expense. The City shall not incur any costs for applicant preparation and/or submittal of qualifications. The City will evaluate all responses based on the qualifications, past performance and project approach. The City reserves the right to negotiate the final fee prior to recommending any Firm for a contract. A. The City's process is as follows: 1. Ability to meet all requirements of the Scope of Work,particularly the MICU/ALS capabilities and the provision of 4 operational units. (15 PTS) 2. Demonstrated compliance with City of Port Arthur ordinances and DSHS EMS protocols. (15 PTS) 3. Experience, qualifications, and reputation of the EMS provider. (15 PTS) 4. Operational plan and proposed response times. (15 PTS) 5. Qualifications and availability of personnel. (15 PTS) 6. Financial stability and proposed cost. (10 PTS) 7. Quality assurance and improvement programs. (10 PTS) 8. References. (5 PTS) B. City staff shall recommend the most qualified firms. C. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s)shall pay their own costs incurred in preparing for,traveling to and attending interviews. Page 8 of 21 LETTER OF INTEREST AMBULANCE SERVICE FOR THE CITY OF PORT ARTHUR DEADLINE: AUGUST 13,2025 The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Engineers for the City of Port Arthur Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ COMPLETED RFQ LETTER OF INTEREST FORM ❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) d• AFFIDAVIT(MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name Date Authorized Signature Title Name(please print) Telephone Address City/State/Zip Email Page 9 of 21 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: Page 10 of 21 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE 11SE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. _1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? riYes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts f as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usl Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A):: (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 175.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30,/2015 Page 13 of 21 SB 252 CHAPTER 2252 CERTIFICATION I, ,the undersigned an representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative(Print) Signature of Company Representative Date Page 14 of 21 House Bill 89 Verification I, (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public Page 15 of 21 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated,Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 16 of 21 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. l'IINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s)shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. Page 17 of 21 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINOUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. OUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 Ir1CORPORATION OF PROVISIONS REOUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by Page 18 of 21 virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): - a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage$1,000,000 per occurrence regardless of contract amount;and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. Page 19 of 21 None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only,and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps,even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract,applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. Page 20 of 21 ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. Page 21 of 21 City of �1 -CITY OF PORT ARTHUR,TEXAS tea,.,-- ADDENDUM NO. ONE (1) ort rtbrr Taws August 7, 2025 BID FOR: AMBULANCE SERVICE FOR THE CITY OF PORT ARTHUR BID: P25-071 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Delete the following language found on Page 7 under the section titled "Financial Proposal" in the Specifications: 'Detailed cost proposal outlining all fees, charges, and any proposed billing structures for services" This language is hereby removed in its entirety. Additionally,please note the following clarification: All respondents are advised to disregard any reference to cost or fee proposals in the evaluation criteria, as this is not permissible under the RFQ process. 2. All other terms and conditions of the original RFP remain unchanged. Proposers are instructed to acknowledge this amendment by including a signed copy with their submission. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Chitin Williams Purchasing Manager Signature of Proposer Date Company Vendor Name P.0 7323 TNR 03/25/25 ORDINANCE NO.•S--.d2-P AN ORDINANCE AMENDING PART II - CODE OF ORDINANCES, CHAPTER 114 - VEHICLES FOR HIRE, ARTICLE II. EMERGENCY MEDICAL VEHICLE, PROVIDING FOR CHANGES RELATING TO THE DEFINITIONS, OPERATION, LICENSING, AND ENFORCEMENT OF EMERGENCY MEDICAL VEHICLES WITHIN THE CITY OF PORT ARTHUR; PROVIDING FOR SEVERABILITY; PROVIDING FOR LIQUIDATED DAMAGES;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Port Arthur finds it necessary to update and revise regulations governing emergency medical vehicles to ensure public safety and efficient emergency medical response; and WHEREAS,the City seeks to ensure that all emergency medical vehicles operating within its jurisdiction adhere to updated safety, licensing, and operational standards; and WHEREAS, the City Council finds that it is in the best interest of the health, safety, and welfare of the citizens to further amend Sections of the Code of Ordinances in substantially the same form as attached hereto as Exhibit"A"; and WHEREAS, the City Council deems it in the best interest of the City of Port Arthur to further amend Chapter 114-Vehicles for Hire,Article II. Emergency medical vehicles,providing changes relating to the definitions, operation, licensing, and enforcement of emergency medical vehicles within the City of Port Arthur;providing for severability. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1: That the facts and opinions in the preamble are true and correct. Section 2: That all ordinances or parts thereof in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 3: The City Council finds that it is in the best interest of the health, safety, and welfare of the citizens to further amend Sections of the Code of Ordinances in substantially the same form as attached hereto as Exhibit"A" . Section 4: The City Secretary is authorized to direct the publisher of the Code of Ordinances to make any non-substantive changes necessary to conform to the provisions adopted in this Ordinance. Section 5: The provisions of this Ordinance shall take effect immediately upon passage and approval by the City Council. P.0 7323 TNR 03/25/25 READ,ADOPTED, AND APPROVED THIS v0 t day of , A.D., 2025, at a Regular Meng of City Council of the City of Port Arthur,by the ollowing vote: AYES:(Mayor) f� � Councilmembers: P7- NOES: .‘" IPAC Thurman Bill Bartie (1 (—) Mayor ATTEST: Sherri Bel d City Secretary APPROVED AS TO F RM: Roxann Pais Cotroneo City Attorney --- APPRO • S TO ADMINISTRATION: W► 1 w Ronald Burto ' 'M Ci - • ager �rtll r► Antonio Mitchell Interim Deputy Fire Chief . PART II-CODE OF ORDINANCES Chapter 114-VEHICLES FOR HIRE ARTICLE II.EMERGENCY MEDICAL VEHICLE ARTICLE II.EMERGENCY MEDICAL VEHICLE' I Sec.114-31.Definitions. The terms used in this article shall have the meaning ascribed to the same terms.in V.T.C.A., Health and Safety Code§773.003 et seq.,unless otherwise defined as follows. Ambulance means a vehicle for transportation of sick or injured person to,from or between places of treatment for an illness or injury,and provide out of hospital medical care to the patient. Such motor vehicle may be constructed, reconstructed, arranged or equipped or used for the purpose of transporting sick or injured persons.Ambulances shall be classified as mobile intensive care unit capable(MICU-capable)when transporting other than priority one patients and mobile i intensive care units (MICU) when transporting priority one patients. As defined by the Texas Administrative Code,Rule 157.2. Ambulance permit holder means an entity engaged in providing emergency and non- emergency medical services, including transportation to a medical facility pursuant to an agreement with the city. Arrive means at the scene of an incident and the vehicle not moving. Dispatch Facility means a centralized Iocation equipped with the necessary infrastructure, personnel. and technology to manage and coordinate emergency and non-emergency medical service calls. This facility must include. but is not limited to, the following: Operational capabilities,Communication systems,Staffing.Recording and Documentation,Redundancy and Reliability.Compliance with Standards,Integration with Local Systems,and be located within the boundaries of the Southeast Texas Regional Planning Commission-Council of Government. Emergency call means a request for ambulance service as defined by the Texas Administrative.- Formatted:Indent First line: 0' Code,Rule 157.2. Emergency care attendant(ECA)means a person licensed by the department of state health services as an emergency care attendant. ` I 'Editor's note(s)-Ord.No.10-05,Exh.A,adopted Jan.26,2010,amended art.II in its entirety to read as herein set out.Former art.II,§§114-31-114-41,pertained to similar subject matter,and derived from Code 1961,§§ 23-1-23-3,23-5-23-12;Ord.No.00-30,§2(23-4),adopted May 16,2000;Ord.No.00-36,§2,adopted June 27,2000;Ord.No.00-66,§2,adopted Nov.14,2000;Ord.No.02-07,§2,adopted Feb.19,2002;Ord. No.02-19,§2,adopted Apr.16,2002;Ord.No.02-22,§2,adopted May 14,2002;Ord.No.02-27,§2, adopted May 28,2002;Ord.No.02-28§2,adopted May 28,2002;Ord.No.05-45,§§1-3,adopted June 21, 2005;Ord.No.06-12,§2,adopted Feb.28,2006;Ord.No.06-14,§2,adopted Mar.14,2006;Ord.No.06- { 25,§2,adopted May 23,2006;and Ord.No.07-41,§§2-9,adopted July 3,2007. State law reference(s)-Emergency medical services,V.T.C.A.,Health and Safety Code§773.001 et seq. Port Arthur,Texas,Code of Ordinances Creates:zeza-es-zais:v:ar testy (Stipp.No.45) • Pagel of 16 Emergency hospital to hospital transfer means any transfer from a transferring facility to a receiving facility of an unstable, or imminently unstable, patient whose condition cannot be resolved at the transferring facility, and where any delay in transfer would cause harm to the patient. Emergency medical dispatch (EMD)means a system of call management,the provision of medical instructions via telephone,and emergency medical resource allocation by dispatchers who have been trained using standards developed by,or equivalent to,the National Highway Traffic Safety Administration(NHTSA). Emergency medical responder/emergency care attendant means a person certified by the state as an emergency care attendant/emergency medical responder as minimally proficient to provide emergency prehospital care by providing initial aid that promotes comfort and avoids aggravation of an injury;as set forth in Texas Administrative Code§773.046. Emergency medical services means services used to respond to an individual perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury as defined by the Texas Administrative Code,Rule 157.2. Emergency medical services operator(EMS)means a person who,as an employee of a public agency,as is defined by Health and Safety Code,§771.001,receives emergency calls. Emergency medical services personnel means: (1) Emergency care attendant; (2) Emergency medical technician—Basic; (3) Emergency medical technician—Advanced; (4) Emergency medical technician—Paramedic;or (5) Licensed paramedic. Emergency medical technician Advanced means a person certified by the state as an advanced emergency medical technician and is minimally proficient to perform emergency prehospital care that is necessary for basic life support and can initiate under medical supervision certain procedures,including intravenous therapy and endotracheal or esophageal intubation;as set forth in Texas Administrative Code§773.048. Emergency medical technician—Basic means a person certified by the state as a basic emergency medical technician and is minimally proficient to perform emergency prehospital care that is necessary for basic life support and that includes cardiopulmonary resuscitation(CPR)and the control of hemorrhaging;as set forth in Texas Administrative Code§773.047. Emergency medical technician Paramedic means a person certified by the state as a paramedic emergency medical technician and is minimally proficient to provide advance life support that includes initiation under medical supervision of certain procedures, including intravenous therapy, endotracheal or esophageal intubation, electrical cardiac defibrillation or cardioversion,and drug therapy;as set forth in Texas Administrative Code,§773.04.9. Created:2024-06-24 13:17:07[EST] (Supp.No.45) Page 2 of 16 Emergency prehospital care means care provided to the sick and injured before or during ! transportation to a medical facility,including any necessary stabilization of the sick or injured in connection with that transportation. Emergency response means a response to a request for medical/illness or trauma/injury related services. Licensed paramedic means a person certified by the state as a licensed paramedic and the I department determines that the individual is minimally proficient to provide advanced life support that includes initiation under medical supervision of certain procedures, including intravenous therapy,endotracheal or esophageal intubation,electrical cardiac defibrillation or cardioversion, and drug therapy. In addition, a licensed paramedic must complete a curriculum that includes college-level course work in accordance with department rules; as set forth in Texas Administrative Code§773.0495. Medical direction means direction given to emergency medical services personnel by a licensed physician in the state. Medical director means a licensed physician in the state giving direction to emergency medical services personnel. Medical protocol means any diagnosis-specific or problem-oriented written statement of standard procedure,algorithm,standing medical order or standing delegation order promulgated by the medical director as the normal standard of emergency prehospital care for a given clinical condition. Medical supervision means direction given to emergency medical services personnel by a licensed physician under the Medical Practice Act(Vemon's Ann.Civ.St.art.4495b)and the rules adopted under that Act by the state board of medical examiners. Medical supervisor means a licensed physician giving direction to emergency medical I services personnel under the Medical Practices Act(Vemon's Ann.Civ. St. art. 4495b)and the rules adopted under that Act by the state board of medical examiners. Mobile intensive care unit(MICU)ambulance means an ambulance capable of transporting sick or injured and that meets the requirements of the advanced life support vehicle and which has j sufficient equipment and supplies to provide cardiac monitoring, defibrillation, cardioversion, drug therapy, and two-way communication with at least one paramedic on the vehicle when providing emergency medical service(EMS),as defined by the Texas Administrative Code,Rule 157.2. National Incident Management System(NIMS)means a nationally designed and recognized operational system that guides how personnel work together during incidents. The city fire department is the authority having jurisdiction(AHJ)and will provide the command structure and National Incident Management System(NIMS)support positions. Nonemergency call means a request for ambulance service other than a request for emergency j medical service as that term is defined by the Texas Administrative Code,Rule 157.2. Non-emergency response means a response to a request for medical/illness or trauma/injury related services,where the information provided to dispatch does not justify the elevated risk of Created:2024-06-24 13:17:e7(ESTI (Supp.No.45) Page 3 of 16 lights and sirens during the response after appropriate evaluation though an accredited EMD program. Non-emergency transfer refers to the provision of transportation by an ambulance of an individual who is not in need of emergency medical care. Requests for service for this form of transportation are not transmitted through the emergency medical dispatch system.Arrangements for the provision of this form of transportation are made between the private party and/or business entity and the ambulance company. Public agency means the state and municipality, county, an emergency communication district,original planning commissions,an appraisal district,or any other political subdivision or district that provides,participates in the provision of,or has authority to provide firefighting,law enforcement,ambulance,medical,911,or other emergency services. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Cross reference(s)—Definitions generally,§ 1-2. Sec.114-32.Operating ambulance without permit. No person shall drive or operate an ambulance for the purpose of transporting the sick or injured for hire, upon the public streets of the city without first entering into an ambulance agreement with the city to do so as provided in this article and paying the fee therefore.There shall be exemptions from the provisions of this article for ambulances transporting patients from a location outside the city into the city,ambulances transporting patients only passing through the city, ambulances requested by the city to respond to an emergency, or ambulances that have already received a permit,for the duration of that permit. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh. A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-33.Ambulance agreement. (a) Application. Every person, partnership or corporation desiring to obtain an ambulance agreement shall submit a written application to the city secretary in writing.Each application shall be verified under oath and shall provide the city secretary the following information: (1) The name,resident address and telephone number of the owner of the ambulances for which an agreement is desired to be authorized; (2) Business names,telephone and address of the premises which are to serve as the base of operation from which ambulance service will be originated; (3) The make, model, motor number and correct state license plate number of the ambulances; (4) The experience of the applicant and his employees in the transportation and care of sick or injured persons; created: 2024-06-24 13.17:07[EST] (Supp.No.45) Page 4of16 (5) The number and type,age and patient capacity of each private ambulance proposed to be operated by the applicant; (6) History of the response time of the owner in other similar cities; (7) Rates to be charged. (b) Fees;period.An application for an ambulance agreement for the operation of an ambulance service within the city shall be accompanied by a nonrefundable application fee of$1,000.00. Each such ambulance agreement shall be valid for a duration to be approved by the city council,not exceeding three years.With the approval of the city council,an agreement can be transferred to an entity that has substantially the same resources,equipment and personnel in the area to ensure that the response time is met,that patients are transferred in a prompt and safe manner,and that the company will provide ambulance services in accordance with state,federal and local laws,regulations and rules.Such transfer can only be effective upon the approval of the city council and upon the payment of a nonrefundable transfer fee of $2,000.00. (c) Transfer.No permit holder shall be allowed to transfer a permit to another entity without prior approval of city council. (d) Temporary permit.The fire chief may issue a temporary ambulance provider permit for up to 90 days if there is an immediate need for additional EMS transport within the city. (1) All minimum requirements as outlined shall be met to meet temporary eligibility requirements. (2) Ambulance inspection conducted by the fire chief or designee shall be completed before transportation operations are initiated. (3) The temporary ambulance provider shall have an EMD-capable dispatch system in a location deemed acceptable for temporary operations by the fire chief. (4) Response time criteria shall be monitored beginning on day 45. (5) At the end of the 90 days, or if the permit holder is issued a permit by the city,or the permit holder is unable or unwilling to abide by all requirements in this article, the temporary transport provided permit shall be voided. } (e) Additional requirements. A permit holder agrees to satisfy the following provisions: (1) The permit holder agrees to furnish the following in case the permit holder ceases to provide full-time emergency ambulance services to the citizens of the city: a. The permit holder agrees to immediately allow the city to take possession and to use up to five of the permit holder fully equipped MICU capable ambulances as determined at the sole discretion of the city for a period of six months.After taking possession of the ambulances, the city will pay the fair market Iease value of the ambulance vehicles and its equipment. If there is a dispute as to the fair market value,the city will retain the possession and use of the ambulances for six months and the issue as to the amount of rental and accrued interest at six percent per year for overdue payments will be decided by an arbitrator.Pending the arbitration,the Created:2024-86-24 13:17:07[EST] (Supp.No.45) Page 5 of 16 1 city will pay monthly payments to the permit holder as to the amount of lease payments the city considers to be the fair market lease value. (2) The permit holder shall have a dispatch facility system as denoted below that has the following specifications and uses or,substantially meets criteria,as approved by the fire chief: a. Dispatch Facility.mem: 1. Three active and three standby dispatch consoles, each complete with radio equipment. 2. CPU networked to server,containing dispatch software and a video monitor. 3. Maps of all areas covered in case of computer failure. b. Radio equipment. 1. Radio frequency that is not public. 2. The permit holder shall have the ability to talk to the city fire department dispatch and individual apparatus. c. Telephone equipment.System shall be able to transfer calls and handle a telebranch of no less than five numbers. d. Server system. 1. Server redundancy for all server-based central processing units. 2. Uninterrupted power supply (UPS) power backup system for essential equipment with power time of 15 minutes or more. e. Backup generators. Reliable backup generators should be able to operate the dispatcheper-ate facility and information technology room without public utility power. a Iic utility power. f. Recorders. 1. All communications shall be recorded. 2. All call-taking and communications audio shall be available to the city fire department within 12 hours of a formal request for recordings. 3. All calls shall be stored and recorded for one year following the date the calls were initiated. g. Dispatch support.Information technology specialist on staff 24 hours,seven days a week or service contract providing the same support. h. Disaster plans.Disaster recovery plans due to flood,fire,storm or any other acts of God. i. Dispatch facility system provides a redundant radio system for Insurance Service Organization(ISO)rating of the city. created:2024-06-24 13:17:07 LEST] (Stipp.No.45) Page 6 of 16 j. Dispatch facility system can be used by the city at no cost in case of an emergency. k. The dispatch ef€ee-facility must be able to receive local calls without any long- distance cost or inconvenience to the citizens of the city. I. EMD certified dispatchers and dispatch system facility shall determine appropriate response level to emergency calls. m. The permit holder shall have a physical dispatch location facility within the boundaries of the Southeast Texas Regional Planning Commission—Council of Government. (3) The permit holder agrees to provide for the arrival of an MICU capable ambulance and a paramedic within 480 seconds travel time.for a compliance rate of at least 90 percent of emergency calls.For calls that are non-emergency or downgraded to non-emergency response,the minimum response time shall be 960 seconds time travel for a compliance rate of at least 90 percent of non-emergency or downgraded to non-emergency calls. Compliance with response times to be evaluated on a monthly basis.Travel times will start when the responding ambulance and paramedic receive notification from the permit i holder's dispatch center facility and will terminate when the ambulance and paramedic have arrived at the incident.The permit holder agrees to set as performance objectives, call processing times of not more than 60 seconds for at least 90 percent of the calls '• represented as emergency calls and not more than 90 seconds for at least 99 percent of the calls represented as emergency calls. Call processing time will begin when the provider's dispatch center facility picks-up on the call and will terminate when the permit I holder's responding units receive first notification. (4) The permit holder agrees to furnish the city dispatch notification of expected extended response times and"level zero" conditions when there are no available MICU capable ambulances within the boundaries of the city. (5) Thepermit holder agrees to a turnout time of no more than 80 seconds as pertaining to NFPA Standard 1710.Turnout time is a measurable time segment beginning when the emergency response unit is notified of an EMS incident and ending at the beginning point of travel time. The permit holder agrees that it will have a turnout time of no more than 60 seconds..------- Formatted:Indent First line: 0" is notified of an EMS incident and«rill end at the beginning point of travel time. (6) The permit holder agrees to furnish a staffed ambulance with paramedic to all major scene standbys,such as structure fires or hazardous materials incidents,and who shall report to the incident commander.The staffed ambulance and paramedic shall manage all medical and firefighter rehabilitation operations. A replacement staffed ambulance shall be dispatched to major scene standbys in the event the initial unit or subsequent units transport patients to the hospital. (7) The permit holder agrees that in those instances where a paramedic is responding separately from the ambulance unit,the ambulance unit will be staffed with a minimum Created:2024-06-24 13,17:07 tEST] (Sapp.No.45) Page 7 of 16 of two emergency medical technicians.The response time will conclude when both the paramedic and MICU-capable ambulance arrives on the scene. (8) The permit holder agrees to furnish backup assistance to all other permitted entities; however, the permit holder also agrees that should the fire chief determine that the practice of rolling calls by one provider to another is degrading emergency medical response,and the chief imposes restrictions on the practice,the permit holder shall abide by the restrictions. (9) EMS transfer request response time averages shall not exceed 30 minutes. The emergency hospital to hospital transfers response time shall start when the EMS permit holder is notified of the request.All other medically necessary response times shall start when the transferring facility and the receiving facility approve the transfer and all preauthorization requirements are met. In the event an EMS permit holder's response time is in excess of 30 minutes,the permitted permit holder may enlist transport from a proxy service. Any complaints regarding transfer operations should be directed to the fire chief.These services are reasonably necessary to protect the public health pursuant to V.T.C.A.,Health Safety Code§ 121.003. (10)The permit holder shall participate in any post incident analysis(PIA)sessions initiated by the city fire department as a means to assess operations for learning and improvement. The permit holder agrees to send personnel on scene at the incident to the PIA at no cost to the city. (11)The permit holder shall participate in monthly quality assurance/quality improvement (QA/QI)meetings with the city fire department. (Ord.No. 10-05,Exh.A,1-26-2010;Ord.No. 18-73,§2(Exh.A), 12-4-2018;Ord.No.22-69,§ 2(Exh.A),9-27-2022;Ord.No.23-01,§2(Exh.A),1-31-2023) Sec.114-34.Conditions for issuance of ambulance agreement. No ambulance agreement shall be entered into unless the following conditions are satisfied and the agreement is authorized by the city council: (1) Insurance. There is in full force and effect a policy of insurance, issued by insurance companies authorized to do business in the state and in the standard forms approved by the state board of insurance, with coverage provisions in amounts no less than the following: a. Commercial general liability insurance in an amount not less than$500,000.00; b. Comprehensive automobile liability insurance in an amount not less than $500,000.00; c. Medical malpractice insurance in an amount not less than$500,000.00; d. Liability insurance coverages required under this section may be arranged under single policies for the full limits required or by a combination of underlying policies with thebalance provided by an excess or umbrella liability policy.Every insurance Created:2824-06-24 13.17:07[ESTI (Stipp.No.45) Page 8 of 16 1 T"`----- -'--- — -- policy required under this article shall remain in effect for the time period to be covered by the agreement,and the insurers shall be obligated by the certificate of insurance filed with the city secretary to give not less than 30 days written notice to the city secretary before any modification,cancellation or other termination of any such policy. Should the rates for the required insurance coverage change, the most current applicable standard will apply at the time of adherence. Liability insurance coverages required under this section may be arranged under single policies for the full limits required or by a combination of underlying policies with the balance provided by an excess or umbrella liability policy. Every insurance policy required under this article shall remain in effect for the time period to be covered by the agreement,and the insurers shall be obligated by the certificate of insurance filed with the city secretary to give not less than 30 days'written notice to the city secretary befere any modification,cancellation or other termination of any such policy: (2) Taxes.The applicant owes no delinquent taxes to the city. Formatted:List 3,Indent First line: 0.33" (3) State license. The applicant has been issued a license by the department of state health services as an emergency medical services provider. (4) Other requirements. The applicant has received a determination by majority vote of the city council,that it is in the best interests of the citizens of the city that an ambulance agreement is authorized. (5) State certificate or license.The ambulance shall at all times of operation be operated by personnel licensed or certified by the department of state health services. (6) Dispatch.The applicant staffs and operates a radio and telecommunications ambulance dispatch facility,which uses an emergency medical dispatch system,24 hours per day to receive emergency calls and,as appropriate,to dispatch an ambulance to respond to emergency calls. (7) Minimum number of ambulances. The applicant agrees to maintain the response capabilities of at least four(4)ambulances in service daily,with one extra unit available as a reserve. If mutual aid or additional resources are accessible,this number might be adjusted accordingly. The applicant agrees to maintain the response, capabilities specified in subsections 114 33(c)(3)and(4). (8) National Incident Management System. The applicant agrees to follow the National Incident Management System as established by the city fire department's incident command system. (b) Any ambulance provider operating in the city shall enter into a first responder organization service agreement with the city fire department, in accordance with Texas Department of State Health Services(TDSHS)requirements. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A), 1-31-2023) created:2024-efi-24 13:17:07[EST] (Supp.No.45) Page 9of16 Sec.114-35.Equipment;inspection. (a) Initial inspection;equipment required.Prior to the initial use and operation of any vehicles as an ambulance,the vehicle and the dispatch office facility shall be thoroughly examined and inspected by the fire department,and found to comply with the equipment requirements of state, federal and local statutes,regulations,rules and ordinances, and the provider's state- approved protocols. Furthermore, the ambulance companies will also have the following equipment on their ambulances: (1) Fire extinguisher(mounted and accessible). (2) No smoking signs(one in patient compartment and one in cab). (3) One copy"Emergency Response Guide Book." (4) Medical protocols with a medical supervisor's signature. (5) An ambulance inspection permit displayed on a window of the unit. (6) Stair chair for transporting patients on stairs and narrow spaces. (b) Annual and periodic inspections. Every ambulance operating under this article shall be subject to inspection at any time by the fire chief or his designee and shall be inspected at least once every year.During any inspection,all ambulance makes,models,motor numbers and correct state Iicense plate numbers will be provided to the inspectors.The fire chief may enter into cooperative ambulance inspection arrangements with other local governmental entities for an annual inspection.In the case of periodic,nonannual inspections, designated fire department employees who observe pclu[it, equipment,supplies, staffing or sanitation violations may issue a citation for liquidated damages. (c) No ambulance which is unsafe or in any way unsuitable for ambulance service shall be operated. (d) Every EMS vehicle shall be equipped with a fully operational two-way radio communications system.EMS vehicles permitted to operate in the city shall be capable of communicating with hospitals in Jefferson County and Orange County having emergency medical facilities.EMS vehicles permitted to operate in the city shall be equipped with radio equipment capable of communication with the city fire department.Each EMS unit providing service to the city will be equipped with a mobile radio.The EMS vehicles shall call enroute and on scene,and provide pertinent call updates on all 911 and medical emergencies. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-36.Personnel. Every ambulance permitted under this article,when transporting patients,shall be staffed with personnel certified by the department of state health services. Created:2824-06-24 13:17:87[EST[ (Supp.No.45) Page 10 of 16 (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-37.Transport of injured or ill persons. (a) Ambulances shall be required to transport patients in a prompt and safe manner. It shall be unlawful to operate or drive an ambulance on an emergency call on the public streets of the city at a rate of speed of more than ten miles per hour in excess of the legal speed limit. (b) It shall be unlawful to operate or drive an ambulance on an emergency call in excess of ten miles per hour while entering and passing through an intersection if such intersection is controlled by a stop sign or by a traffic signal which indicates stop by displaying a red light. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-38.Personnel identification. At all times,ambulance drivers and emergency medical services personnel shall be required to wear personnel identification cards,name tags or other appropriate insignia which will visibly, clearly and quickly identify them as emergency medical services personnel and identify the degree of their state department of health certification,i.e.ECA,EMT,EMT-I or EMT-P. (Ord.No. 10-05,Exh. A,1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-39.Revocation of ambulance agreement. The city council,prior to the revocation of any ambulance agreement, shall set a time and 1 place for a hearing on such revocation.The city secretary shall be directed to give written notice 1 to the ambulance company by registered mail at least 15 days prior to the date set for such hearing. The following shall be grounds for revocation of an ambulance agreement by the city council: (1) The ambulance company has violated any provision of this article; (2) The ambulance company is failing to comply and maintain such ambulances in 1 compliance with the requirements set forth in section 114-35, providing for certain equipment; (3) The ambulance company has violated city ordinances with respect to the operation and maintenance of its business; (4) That the ambulance agreement was obtained by fraud or misrepresentation; (5) The ambulance company has failed to maintain the interior and equipment of the vehicles; (6) The ambulance company has failed to maintain the required response times; • (7) The ambulance company has failed to produce records for an audit; Crested:zeta-ee-xa 33:i7:87[esn (Stipp.No.45) Page 11 of 16 (8) The ambulance company has failed to pay fees or liquidated damages to the city or has otherwise violated the agreement;or (9) The ambulance company has fallen below state,federal and local laws,regulations and rules in providing ambulance service. (Ord.No.10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A), 1-31-2023) Sec.114-40.911 emergency rotation system;refusal to render service. (a) Each ambulance company shall respond to all 911 calls referred by the fire department during the company's shift and shall provide adequate ambulances,dispatch facilities,and staffing to respond to such calls.Violation of this provision shall subject the company to revocation of agreement. • (b) It shall be unlawful for any ambulance service operator to refuse to render emergency medical service after responding to an emergency call for such service. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ '•. 2(Exh.A),1-31-2023) Sec.114-41.Ambulance company reports. The ambulance company shall furnish to the city secretary, on the initial issuance of its permit,a complete schedule of rates,and thereafter,whenever its rates change,a report containing the new rates and justification for the changes.changes.The EMS permit holder shall provide the Fire Chief a report of the previous month's response times by the 5th day of the following month. The ambulance company shall also make monthly reports on response times to the fire chief.The monthly response time report will be submitted electronically in a format specified by the fire ehicf. ) (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§ 2(Exh.A),1-31-2023) Sec.114-42.Liquidated damages as remedy. b be uncertain and difficult to quantify,the EMS permit holder by accepting the issued-wit agrees to the following schedule of liquidated damages: (a) The city recognizes that violations of this article may result in damages that are uncertain and.+ Formatted:Numbered+Level:1+Numbering Style:a, difficult to quantify. Accordingly,as a condition of accepting an EMS permit,the permit b,G.-.+Start at 1+Alignment Left+Aligned at 0'+ holder agrees to the following liquidated damages provisions: I Indent at 0.25' (I)The assessment of all liquidated damages under this agreement shall be determined Formatted:Numbered+Level:1+Numbering Style:1, exclusively using data obtained from the.City of Port Arthur's Computer-Aided 2,3,...+Start at 1 +Alignment Left+Aligned at Dispatch(CAD)system. 0.33'+Indent at 0.58° Created:2025•06-26 13:17:W[EST] (Supp.No.45) Page 12 of 16 • (2)Prior to imposing any liquidated damages,the Port Arthur Fire Chief or their duly authorized designee shall meet with the EMS permit holder to review the alleged infractions. This process ensures the permit holder has an opportunity to present relevant information and/or contest the validity of the alleged violations before a final determination is made. (3) If.following this conference,the Fire Chief determines that liquidated damages are Formatted:List 1,Left,Numbered+Level:1 + warranted,the EMS permit holder shall have a single opportunity to appeal the ' Numbering Style:1,2,3,...+Start at 1+Alignment assessment to the City Manager. This appellate process shall be available for each Left+Aligned at 0.33"+Indent at 0.58" instance in which the Fire Chief seeks to impose liquidated damages. (4)(1) For failure to meet the response time requirements specified in section 114-33,-; Formatted:Numbered+Level:1+Numbering Style:1, when the percentages are averaged for a calendar-month,liquidated damages of$2,000.00 2,3,...+Start at 1+Alignment Left+Aligned at shall be assessed for any average below 90 percent. 0.33"+Indent at 0.58" _ J (5)(2) For failure to meet the response time requirements specified in section 114-33 for two consecutive calendars months on a minimum of 90 percent of emergency calls,the i EMS permit holder shall be assessed liquidated damages of$3,000.00 for each percentage below the 90 percent level.Each additional month of non-compliance thereafter will result in an additional liquidated damages of$1,000 per percentage point below the 90 percent level. (6)(3) For failure to meet the response time requirements specified in section 114-33, when the percentages are averaged for a three calendar month period,liquidated damages of$4,000.00 shall be assessed for any average over 30 minutes. Additional liquidated damages of$2,000.00 shall be assessed for each additional minute,or part thereof,over the specified level of response time. (7)(1) For failure to meet the response time requirements specified in section 114-33 for two consecutive months on a minimum of 90 percent of non-emergency calls,the EMS permit holder shall be assessed liquidated damages of$4,000.00 for each percentage ; below the 90 percent level. Each additional month of non-compliance will result in additional liquidated damages of$1,000.00 per percentage point below the 90 percent Ievel. (8)(5) For any ambulance unit providing service in the city found to be noncompliant with the permit, equipment, staffing, supplies or sanitation requirements of federal statutes, state statutes,local ordinances and contract requirements,liquidated damages of$500.00 shall be assessed per incident. (9)(6) If a MICU ambulance and paramedic has an extended response time of more than 15 minutes to any emergency call, liquidated damages of$1,000.00 will assessed per ` incident. (10) (7) If a MICU ambulance and paramedic has an extended response time of more than 20 minutes to any non-emergency call,an additional liquidated damage of$250.00 ' will assessed per incident. (11) (8) The EMS permit holder shall provide the fire chief response time analysis of-the-previousc ' a t,b,the15t fth "' g '-.A liquidated damage Created:2024-06-24 13:17:07[EST] 1 (Supp.No.45) Page 13 of 16 of$500.00 will be assessed if response time analysis is not made available to the fire chief by the-13th-5'h of the following month. ---- Formatted:Superscript (b) Written notice of any liquidated damages assessed shall be given to the EMS permit holder in a timely manner. (c) The EMS permit holder will have ten business days from receipt of the notice to appeal the assessment to the fire chief. (d) The fire chief will meet with the EMS permit holder to consider the matter and issue a decision within 30 business days of the appeal.The decision of the fire chief shall be final. (e) When liquidated damages are assessed,the EMS permit holder will have ten business days from the date of the assessment notice or from the date of receipt of the fire chiefs decision if the assessment is appealed,to pay the full amount assessed. (f) The collection of liquidated damage,as a remedy,may be in addition to the city taking other action,including action to terminate the EMS provider's permit to operate in the city. (Ord.No. 10-05,Exh.A, 1-26-2010;Ord.No. 18-73,§3(Exh.B), 12-4-2018;Ord.No.22-69,§ 2(Exh.A),9-27-2022;Ord.No.23-01,§2(Exh.A),1-31-2023) Sec.114-03.Suspension and termination of permits. (a) The fire chief or designee shall have the right to suspend an EMS permit holder's permit to operate in the city service area if the EMS permit holder is in violation of this article and/or creates an imminent danger to the public health or safety. (b) The emergency suspension is effective immediately upon notice to the EMS permit holder, aadholder and will remain in effect until the permit holder is in compliance with all provisions of this article and/or the permit holder no longer creates an imminent danger to the public health or safety. The fire chief or his designee will make the determination when or if the EMS permit holder has duly satisfied the requirements for the EMS permit holder's permit to be returned to active status. (c) A permit may be terminated if the EMS permit holden (I) Fails to operate the ambulance service in such a way that enables the EMS permit holder to remain in compliance with the requirements of this article and the applicable state, and local laws,rules,and regulations. (2) Falsifies any information provided in their application,requested data,documents, or during any investigations being conducted by the city;city. (3) Fails to maintain vehicles and equipment in such a way as to ixsureensure the ability of the EMS permit holder to respond,treat,and transport crews or patients to and/or from medical scenes in a safe expedient manner. (4) Fails to meet response time requirements for more than three months during any 12- month period. (5) Fails to pay assessed liquidated damages in a timely manner. Created:2024-06.24 13.17:67(EST] (5upp.No.45) Page 14 of 16 1 (6) Fails to transport any person in medically necessary circumstances. (7) The EMS permit holder or employee of the EMS permit holder engages in deceptive business practices or illegal activities while using the permitted ambulance for such activity;or (8) The EMS permit holder fails to maintain valid and/or current registration and inspection stickers. (d) The fire chief shall review any emergency suspensions and decide if the incident should go before the city council for review for termination.If the fire chief finds the permit should be terminated, it will be referred to the city council for review and determination. The determination of the city council findings will be final. (e) Iflf the city council finds an EMS provider is in violation and revokes its permit, such revocation shall be effective immediately. (Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§2(Exh.A),1-31-2023) Sec.114-44.Indemnity. (a) Independent of the requirement to provide insurance,each EMS provider must indemnify, hold harmless and defend the city,its officers,agents and employees from and against liability for any and all claims,liens,suits,demands,and/or actions for damages,injuries to persons (including death),property damage(including loss of use), and expenses,including court costs and attomey's fees and other reasonable costs arising out of the EMS transport provider's work and/or activities conducted in connection with this ordinance,including all causes of action based upon common law,constitutional,or statutory law,or based in whole or in part upon the negligent or intentional acts or omissions of the EMS permit holder, its officers, agents,employees,subcontractors,licensees,invitees,and other persons. (b) The indemnity does not apply to liability caused solely by the emergency medical assistance rendered by city personnel. (c) In any action based on an allegation of joint negligence on the part of the EMS provider and city, each party shall only be responsible for that portion or percentage of any damages awarded which is directly attributable to the negligence of that party. The city and the EMS permit holder must furnish the other prompt and timely notice of any event covered by this article which in any way affects or might affect the EMS permit holder or city,and the city has the right to compromise and defend the same to the extent of its own interests. (Ord.No.22-69,§2(Exh.A),9-27-2022;Ord.No.23-01,§2(Exh.A),1-31-2023) rS ges,444jl5-14 Sec.114-45 Guidelines for Multiple EMS Providers Contracted by the City Crested: 2624-e6-24 13:17:67[EST] (Stipp.No.45) Page 15 of 16 1 F . If the City of Port Arthur enters contracts with more than one Emergency Medical Service(EMS) provider to operate within city limits, the following provisions shall govern the allocation of services: (a) Monthly Rotation Schedule (1)All contracted EMS providers shall operate on a rotational schedule basis on monthly assignments. r (2)Rotations shall commence at 0600 hours on the first day of each calendar month. i (a)District Assignments for Two EMS Providers t (l),The City shall be divided into two service districts:North and South. � - ormatted:Font(Default)TimesRom New Roman,12 pt 1 f2) Highway 73 shall serve as the dividing line between the North and South districts. (3).The EMS provider assigned to the North district shall assume rep onsibility for respondin I arm List Paragraph Numbered+Level:2+ '. lumbering Style:1,2,3,...+Start at 1+Alignment to incidents occurring on Highway 73 fir. Le +Aligned at 0.25"+Indent at 0.5" (c)District Assignments for Three or More EMS Providers Formatted:Font(Default)Times New Roman,12 pt (1)In the event three or more EMS providers are contracted. the City shall be divided into service districts proportional to the total number of providers. i Fo atted:List Paragraph,Numbered+Level:2+ Nu eying Style:1,2,3,...+Start at 1+Alignment (2)•The Fire Chief shall oversee the allocation and delineation of EMS districts among_ Le +Aligned at o.z5"+Indent at 0.5^ providers.ensuring equitable distribution of service responsibilities. (3),All contracted EMS providers will operate on a monthly rotational assignment schedule . Fo naffed Font(Default)Times New Roman,12 pt Formatted:Font(Default) p (d)Backup and Support Protocols i Times New Roman,12 t (1)All contracted EMS providers shall operate as mutual backups for one another. ' Formatted:Numbered+Level:1+Numbering Style:1, (2) In the event any provider reaches"level zero,"indicating no available units to respond to i 2 3,...+Start at 1+Alignment Left+Aligned at calls,other contracted providers shall be required to provide backup services as necessary i '.25^+indent at 0.5' to maintain uninterrupted emergency response operations. I ormatted:Numbered+Level:1 +Numbering Style:1, (e) Scope of Application 2,3,...+Start at 1+Alignment Left+Aligned at (1)The provisions of this section shall apply exclusively to emergency 911 calls dispatched i 025'+Indent at 0.5" through the City's emergency communications system. (2),These guidelines shall not interfere with or restrict private EMS services. including.,,: 1 Formatted:Font 12 pt interfacility transfers or requests for service made directly to private EMS providers by dividuals or entities., Formatted:List Paragraph,Numbered+Level:1+ Numbering Style:1,2,3,...+Start at 1+Alignment i'•. Left+Aligned at 0.25"+Indent at 0.5" Secs,t14-4t - • ( Formatted:Font(Default)Times New Roman,12 pt I • a, i E created:2924.06.24 13:17:07[EST] (Supp.No.45) Page 16 of 16